MODEGUNTA RAMACHANDRAIAH Vs. NALABOLU MRUDHULA

JUDGEMENT

(1.) Present Civil Miscellaneous Appeal arises out of order of dismissal, dtd. 4/5/2023, in I.A.No.406 of 2021 in un-numbered O.S. of 2023, on the file of the Principal District Judge, Nellore, SPSR Nellore District, rejecting the prayer of appellant/plaintiff to institute the Suit by declaring him as an indigent person (pauper) under Order 33 Rule 1 CPC.

(2.) Parties herein are referred to as they are arrayed in the Suit before the trial Court.

(3.) Facts leading to filing of present appeal are as follows: Plaintiff filed present Suit for declaration of title and for consequential relief of permanent injunction against defendants. The suit schedule property consists of Ac.31.35 cents in Survey Nos.1881, 1882 and 1883 covered by Patta No.594, situated at Kothuru village, Nellore Bit-1. Plaintiff's father M.Polaiah stated to have purchased the aforesaid land under agreement of sale, dtd. 15/4/1966 and he was issued passbook and has been in continuous possession and enjoyment. M.Polaiah executed Will, dtd. 26/8/1986, bequeathing aforesaid property in favour of plaintiff and after his death on 13/7/2001 by virtue of Will, plaintiff became absolute owner and possessor. He used to pay cist and his name has also been entered in Adangal. One Venkata Subba Reddy, who is no more, based on fabricated documents created un-registered sale deed alleged to have been executed by Dabbara Subbanna Chowdary claiming to be the owner of the very same property and got the same regularized under Sec. 5(A) of the A.P. Rights in Land and Pattadar Passbook Act, 1989 (for short, "the Act") and basing on the same, he was also issued passbook. The entries made in revenue records in pursuance to aforesaid regularisation, came to be contested by plaintiff before M.R.O., R.D.O. and finally Joint Collector, vide proceedings No.(E3)/582/2013, dtd. 21/5/2016, relegating the parties to approach competent civil Court as there were serious title issues, however, the passbook and title deed issued in favour of late Venkata Subba Reddy were kept under abeyance. Meanwhile, Venkata Subba Reddy also filed O.S. No.309 of 2002 on the file of the 3rd Additional Junior Civil Judge's Court, Nellore, which came to be dismissed for default on 13/4/2016, to which neither plaintiff nor his father were parties to. As the legal heirs of late Venkata Subba Reddy tried to interfere with peaceful possession and enjoyment of plaintiff, he has instituted the aforesaid Suit. As per the statement of valuation of suit schedule property, the same was declared as Rs.44,76,15,300.00 and for the purpose of relief of declaration of title and consequential grant of permanent injunction in terms of A.P. Court Fee and Suits Valuation Act, the same was valued at Rs.23,51,84,700.00 on which a court fee of Rs.23,59,500.00 was arrived at to be payable in terms of Sec. 24(d) of the said Act. The plaintiff filed I.A.No.406 of 2021 under Order 33 Rule 1 CPC seeking leave of the Court to permit him to file the Suit by declaring him as an indigent person (pauper) due to his inability to pay court fee. Learned Principal District Judge, having set ex parte the defendants, proceeded to hear I.A. and by order, dtd. 4/5/2023, rejected the same by holding that plaintiff has not disclosed or averred about the existence of other properties owned by him besides also not disclosing his personal details as to whether plaintiff was employee or pensioner and further not disclosed whether he had disposed any property within two months before presentation of such application. Assailing the said order, plaintiff preferred the present appeal.